ILLINOIS POLLUTION CONTROL BOARD
August 23,
1979
INTERNATIONAL HARVESTER COMPANY,
Petitioner,
V.
)
PCB 79—64
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Respondent.
ROBERT
T.
PARK,
KATZ,
McANDRE~JS, DURKE
& TELr~EEN, APPEARED ON
I3EHALL?
OF
PETITIONER;
REED
NEUMAN,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
RESPONDENT.
OPINION
AND ORDER OF THE BOARD
(by Mr. Goodman):
A petition was filed by International Harvester Company
(Harvester)
on March 23,
1979 requesting an extension of
a
variance
from Rules
202,
204,
205 and 206 of Chapter
8:
Pollu-
tion Control Board Noise Regulations which
had
been
granted
by
the Board on April
28,
1977 in PCB 76—222.
The Environmental
Protection Agency
(Agency) filed
a Recommendation on April
26,
1979.
A hearing was held on July 23,
1979.
The Board has
received an objection to the petition from a citizen of Illinois.
Harvester owns and operates
a facility
in
Canton,
Illinois
which principally manufactures farm equipment; however,
this
petition concerns Harvester’s Canton plant’s forge shop and
the
noise emissions therefrom.
Some of the sources
of noise
are a variety of forge equipment, ventilation equipment and a
Westrninister press.
Harvester’s noise reduction projects,
which were in process
at the time of the earlier proceeding,
led Harvester to relocate forge hammers, modify the exhaust
vent, and enclose tumble mills.
Harvester expended over
$35,000 in making these changes.
Although the Agency notes
in its Recommendation that the
plant’s noise emissions have one—sixth of the impact on the
neighborhood which they had two to three years ago,
(Agency
Response Ex.4,
p.8), the Agency maintains that Harvester con—
tinues to violate Rules
202,
204,
205 and 206, even though
there
is
a substantially diminished impact upon human
life
from the emissions
(Agency Response Ex.4,
p.10).
35—21 :3
—2—
The Agency estimates that it would cost Harvester up to
$4,500,000
to come into compliance with the rules
(Agency Res-
ponse Ex.4,
p.6).
The Agency’s recommendation is that Harves-
ter be granted an extension of variance from the rules for
three years or
until the Board finally determines regulatory
matters R76—14 and R76—19, whether
or not Rule 206
is revised.
The Agency suggests,
however,
that any extension be
conditional
so
as
to
require
Harvester
to
continue
attenuating
noise
levels
and
to
continue
researching
methods
to
reduce
forge
plant
noise
(Agency Response Ex.4, p.2,3).
One citizen wrote to the Board to request that the
variance not be granted.
The citizen claimed, that although
noise
levels are less than they were four years
ago,
it
is
extremely difficult
for him to converse with someone more
than four feet away in his back yard during the summer months.
The Board recognizes
this problem, even though there has been
a uniform reduction of around eight decibels for steady state
and for forge hammer noise levels
(Agency Response Ex.4, p.7).
Harvester has pursued a compliance program in good faith
and in
a timely manner.
Changes have been inaugurated at the
plant which have resulted
in much—reduced noise emissions.
The Board finds that to require Harvester to expend $4,500,000
to reach compliance with the rules would constitute an arbit-
rary and unreasonable hardship.
The Board grants the petition subject, however,
to con-
ditions designed to relieve to the extent possible,
the impact
upon the surrounding area.
The Board notes that the proximity
of the residence to the Westminister press located
in Building
78
is the gist of the problem, and therefore orders Harvester
to present to the Agency a noise control plan designed to
reduce the noise from that press.
This Opinion constitutes the findings of fact and conclu-
sions of
law
of the Board
in this matter.
ORDER
It is the Order of the Pollution Control Board that
International Harvester Company be granted an extension of
its variance from Rules 202,
204,
205 and 206 of Chapter
8:
Pollution Control Board Noise Regulations for a period of
three years or until the final determinations
of regulatory
proceedings R76—14 and R76—19, whichever event shall occur
first,
under the following conditions:
A)
International Harvester Company shall continue to reduce
the size of the ventilation openings by partially clos-
ing the large overhead doors
of the west side of the plant
whenever possible;
—3—
B)
International Harvester Company shall continue to research
methods of reducing forge plant noise;
C)
International Harvester Company shall report monthly to
the Illinois Environmental Protection Agency,
2200
Churchill
Road,
Springfield, Illinois
62706, all noise
reduction achieved by closing
the forge shop doors.
Harvester shall also report the results of all noise
abatement research,
the first report to be submitted on
or
before six months from the date hereof, and subsequent
reports to be submitted at six-month intervals thereafter;
D)
International Harvester Company shall submit within sixty
days to the Illinois Environmental Protection Agency,
at
the address listed in subparagraph
(C) above,
a plan to
reduce noise emissions from the Westminster press in
Building
78,
such plan to include a measurement of exis-
ting noise levels and the reduction in noise
levels to
be achieved
by
such plan;
E)
International
Harvester
Company
shall
not
install
any
new equipment
which
would
result
in
noise
levels
in
ex-
cess
of
Rules
202,
204,
205
or
206
of
Chapter
8:
Pollu-
tion
Control
Board
Noise
Regulations
when
measured
at
any
receiver’s
property,
wherever situated;
F)
within
45
days
of
the
date
of
this
Order,
the
International
Harvester Company shall
execute and forward to the Illinois
Environmental Protection Agency at the address
listed in
subparagraph
(C) above,
a Certification of Acceptance and
Agreement
to he hound to all terms and conditions of
this
Order.
The
45 day period shall be held in abeyance during
any period this matter
is being appealed.
The form of said
certification shall
be as
follows:
CERTIFICATION
I
(We),
_______-
,
having read and
fully understanding the Oraer in
PC3
79—64, hereby accept
said Order and agree to be bound by all of the terms and con—
ditions thereof.
SIGNED
TITLE
DATE
35—2 15
—4—
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control
Board, heA~~certify
above. Opinion and Order were
adop~d on the ~
day of
,
1979 by a vote
of
~O
~
Illinois
Pollutjo
ntrol
Board
35—216